MICHIGAN Personal Protection Order Lawyer
Family problems are often contentious. But if violence arises, or anyone feels threatened, it’s important to obtain a personal protection order. In Michigan, an order of protection is typically called a PPO.
Unfortunately, these protection orders can be used as a tool against a parent — particularly if they arise a the same time as family court proceedings like divorce or child custody disputes.
If you are a victim of abuse and seeking a personal protection order — of if you have been accused of abuse and have a personal protection order issued against you — a family law attorney can help. Our local personal protection order lawyers are experienced in helping victims of abuse find protection from further harm as well as helping the falsely accused prove their innocence.
Personal Protection Orders in Oakland and macomb County
Known as restraining orders in other states, PPOs are court orders to stop abuse or threats of violence from occurring. They are taken very seriously throughout Michigan.
Courts are determined to grant personal protection orders in order to keep people safe from an abuser. Examples of threats to safety include:
Domestic abuse
Harassment
Workplace harassment
Stalking/cyberstalking
Excessive communication (phone calls, text messages)
We recognize the huge role Facebook and other social networks play in personal protection order proceedings.
Talk to our lawyers before posting anything online about your PPO case or anything negative about your accuser or anyone involved.
Three Types of PPOs Available in Our Area:
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This type of personal protection order protects the petitioner from stalking and other violent actions from someone with whom they are in a domestic relationship.
Are current or former spouses
Have a child together
Live or lived in the same household
Are dating or have dated
Entering the home
Assaulting, attacking, beating, molesting, or wounding the victim
Threatening to kill or physically injure the victim
Buying or having a gun
Interfering with the victim at work or school
Stalking
Causing mental distress
Any other specific act or behavior that interferes with personal freedom or makes the victim reasonably afraid of violence
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The second type of PPO is similar to a domestic relationship PPO in that it prohibits certain things in order to keep the victim safe. However, a non-domestic PPO protects victims of stalking, even if they have no domestic relationship. “Stalking” is defined as willful and repeated harassment that causes the victim or would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
Following the victim
Approaching/confronting the victim
Appearing at the victim’s work or home
Calling the victim or sending mail/messages
Buying or having a gun
Cyberstalking the victim
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A non-domestic sexual assault personal protection order involves someone the victim does not have a relationship with who has sexually assaulted or threatened to sexually assault the victim. For victims under the age of 18, this includes giving the victim obscene material. Essentially, this type of PPO works the same way as the previous two in terms of its prohibitions.
Seeking Legal Protection from Abuse
If you are seeking a personal protection order against someone, you must file a petition in court.
A local attorney can help you file the petition for personal protection and provide a judge with the information they need to decide whether to grant the PPO. Sometimes, orders are granted without a hearing. Your attorney will help you explain the harm caused, as well as specific dates or times that events happened.
After you file your petition, the court will set a hearing, and the other side will be notified. At the hearing, both sides will have the chance to ask each other questions and call witnesses. It’s important to ensure your attorney helps you prepare for and is with you at this hearing.
If you are afraid you will be harmed in the time it takes for the PPO to be ordered, you can request an ex parte order. This way, no one will know you asked for a personal protection order until after it is granted and already in effect.
A properly filed Personal Protection Order will:
- Be effective immediately
- Be enforceable anywhere in Michigan and anywhere else in the United States
- List the actions your abuser is prohibited from doing
- Indicate when your order expires
- Set consequences for what will happen if the abuser violates your order
Contact our office to learn your options
If someone has issued a personal protection order against you, make sure you understand your rights, including your right to challenge a PPO. Once PPO is issued, you may be prohibited from entering certain places, which may affect your work and home life. This can be devastating. You can also lose the right to purchase/possess firearms — including the ones you currently own. Oftentimes, spouses going through a divorce or a child custody dispute will request a PPO to help their case.